Samper v. Providence St. Vincent Med. Ctr., 675 F.3d 1233 (9th Cir. 2012) Monika Samper, a neo-natal intensive care unit nurse, sought an accommodation from the hospital where she was employed that would have allowed her an unspecified number of unplanned absences from work. She wanted to opt out of Providence’s attendance policy, which permitted… Continue Reading
Category Archives: ADA
Subscribe to ADA RSS FeedTeacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment
Posted in ADA, Disability, Employment Law Notes, Religion, Supreme Court, Wrongful TerminationHosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012) Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination… Continue Reading
Teacher With Expired Teaching Certificate Was Not “Qualified” Within The Meaning Of The ADA
Posted in ADA, Disability, Discrimination, Employment Law Notes, Reasonable AccommodationJohnson v. Board of Trustees, 2011 WL 6091313 (9th Cir. 2011) Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient college courses to obtain a renewal of the certificate… Continue Reading
ADA “Impliedly Amended” The National Bank Act’s Termination-at-Pleasure Clause
Posted in ADA, Disability, Employment Law Notes, FEHAQuinn v. U.S. Bank, N.A., 196 Cal. App. 4th 168 (2011) Robert Quinn, a former senior vice president of U.S. Bank, alleged he was denied accommodation, harassed and terminated because of a physical disability in violation of the Fair Employment and Housing Act. U.S. Bank obtained summary judgment from the trial court on the ground… Continue Reading
Rehabilitated Drug Addict’s Disability Claims Were Properly Dismissed
Posted in ADA, Disability, Drug Policies, Employment Law Notes, FLSALopez v. Pacific Maritime Ass’n, 636 F.3d 1197 (2011) When Santiago Lopez first applied to be a longshoreman in 1997, his application was rejected because he tested positive for marijuana. The PMA, which represents the shipping lines, stevedore companies and terminal operators that run the ports along the west coast, follows a “one-strike rule,” which… Continue Reading
ADA Plaintiff Waived Her Right To Have Jury Determine Liability
Posted in ADA, Employment Law NotesLutz v. Glendale Union High School, 403 F.3d 1061 (9th Cir. 2005) Claudette Lutz, a longtime teacher and assistant principal at schools in Glendale, Arizona, alleged that she was fired in violation of the Americans with Disabilities Act (ADA). Lutz filed her case in Arizona state court, and the school district removed the action to… Continue Reading
Airline May Have Unlawfully Rescinded Job Offers To HIV-Positive Applicants
Posted in ADA, Disability, Discrimination, Employment Law Notes, FEHA, Privacy, Unfair CompetitionLeonel v. American Airlines, Inc., 400 F.3d 702 (9th Cir. 2005) Walber Leonel and two other individuals applied for flight attendant positions with American Airlines. Plaintiffs were interviewed in Dallas and received conditional offers of employment, contingent upon their passing background checks and medical examinations. Although none of the applicants disclosed his HIV-positive status or… Continue Reading